Legal Question in DUI Law in California

How do i get my police report for my DUI? also if i was under 21 when i got my DUI is it pointless to schedule a DMV hearing?


Asked on 8/31/10, 12:40 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The attorney you hire will receive the police report on your first court date. He or she will also be able to help you respond to the DMV notice within 10 days.

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Answered on 9/05/10, 12:48 pm
Robert Marshall Law Office of Robert L, Marshall

If you schedule a DMV hearing, DMV will mail you the reports. Your lawyer will also get a copy of the reports after the first court appearance.

Because you're under 21, DMV will suspend your license for a year in the evidence shows you drove with a BAC over .01 percent. This is known as the zero tolerance law.

Even with the low limit, there may be issues, like an illegal stop, that could help you win the hearing. An experienced DUI attorney can evaluate the case after reviewing the reports.

One thing is for sure� if you don't request the hearing within 10 days of your arrest, you lose and your license will be suspended for a year.

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Answered on 9/05/10, 1:17 pm
Terry A. Nelson Nelson & Lawless

You'll get the reports at your first court hearing. You can and should defend the criminal charges, just like every other defendant has to do. Go to court, enter your not guilty plea if appropriate, arrange bail or OR, set up and attend your court hearing[s] and trial date, file your motions as applicable, go to trial if you can't resolve it with a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does. If serious about doing so, feel free to contact me.

Keep in mind: When you are arrested for DUI, upon release from jail or booking, you�ll be given documents that include a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license. Contact DMV and do so, timely. You can hire an attorney for that hearing if you want.

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Answered on 9/06/10, 1:23 pm


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